DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Ranges Shire Council
(AG2019/3359)

YARRA RANGES SHIRE COUNCIL ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 10 OCTOBER 2019

Application for approval of the Yarra Ranges Shire Council Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Ranges Shire Council Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yarra Ranges Shire Council. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Association of Professional Engineers, Scientists and Managers, Australia, Australian Nursing and Midwifery Federation and Australian Municipal, Administrative, Clerical and Services Union, each being a bargaining representative for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 October 2019 and, in accordance with s.54, will operate from 17 October 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Yarra Ranges Shire Council brought an application for approval of the Yarra Ranges Shire Council Enterprise Agreement 2019. The respondent, the Municipal and Shire Officers Union, did not oppose the application, although it did make submissions regarding the operation of the agreement. The commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and to approve it if it did.

The central issue before the commission was whether the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the commission had to consider whether the agreement included all the terms required by section 221 of the Act, whether it was in accordance with the requirements of section 224, and whether it met the criteria for registration under section 238. The union made submissions on the operation of the agreement, but did not oppose its approval.

The commission found that the agreement complied with the requirements of the Act and the regulations. It included all the terms required by section 221, was in accordance with the provisions of section 224, and met the criteria for registration under section 238. The commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been negotiated in good faith. The commission was satisfied that the agreement was in the best interests of the employees and the employer, and approved it accordingly.

The Fair Work Commission approved the Yarra Ranges Shire Council Enterprise Agreement 2019, finding that it met all the requirements of the Fair Work Act and the regulations. The agreement was registered on the register of approved agreements, and became operational on the date of registration.

Yarra Ranges Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established